Firearms

Firearms and the Medical Use of Cannabis

CURRENT POLICY

The current policy of our county law enforcement agencies seems to be to allow medical use of cannabis patients to retain possession of any firearms that they already own, but to prohibit the issuing of new permits to patients who wish to obtain additional firearms.

The Honolulu Police Department also seems to be using an administrative rule created by the Department of Health that allows access to the confidential patient registry database for other "official law enforcement purposes" in order to cross reference the database for the purpose of denying new firearms applications to registered patients.

“It is not illegal to possess the ones you already have,” Ballard told the Honolulu Police Commission on Wednesday. “Merely having a medical marijuana card doesn’t mean you’re using marijuana. We can’t prove you’re using marijuana. Our practice of having them turn in their firearms was incorrect.”

(16) The term "marihuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.

It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this subchapter or subchapter II of this chapter.

(d) Upon inquiry by a law enforcement agency, which inquiry may be made twenty-four hours a day, seven days a week, the department of health shall immediately verify whether the subject of the inquiry has registered with the department of health and may provide reasonable access to the registry information for official law enforcement purposes.